V.Soundari v. V.Murugan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and C.M.P(MD)No.7468 of 2020 V.Soundari ... Petitioner / 3rd Party Vs 1.V.Murugan ... 1st respondent / Plaintiff 2.C.Kannan ... 2nd Respondent / Defendant Prayer : This Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the record and to set aside the fair and decreetal order passed in I.A.No.237 of 2015 in I.A.No.166 of 2014 in O.S.No.90 of 2014 dated 04.11.2019 on the file of the learned Subordinate Judge, Sivakasi, Virudhunagar District. For Petitioner : Mr.C.M.Arumugam For R1 : Mr.V.Sundararaj For R2 : No appearance

ORDER

This Civil Revision Petition is filed to call for the record and to set aside the fair and decreetal order passed in I.A.No.237 of 2015 in I.A.No. 1/4

166 of 2014 in O.S.No.90 of 2014 dated 04.11.2019 on the file of the learned Subordinate Judge, Sivakasi, Virudhunagar District.

2. A report is called for from the learned Subordinate Judge, Sivakasi and the report reads that an ex parte decree was passed against the defendants on 26.10.2018 and thereafter a petition was filed to set aside the ex parte decree. That petition was allowed and the suit is posted for trial. Since the plaintiff did not appear so, the suit was dismissed for default on 16.12.2019.

3. In view of the above submission, nothing survives for further adjudication in this case. Therefore, the matter has become infructuous. Accordingly, this Civil Revision Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition stands closed. 18.11.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn 2/4

To 1.The Subordinate Judge, Sivakasi, Virudhunagar District. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J.

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ORDER

IN and C.M.P(MD)No.7468 of 2020 18.11.2024 4/4